Saturday, June 26, 2010

Latest briefs filed in epic Neil Gaiman versus Todd McFarlane comic copyright clash

This post has nothing to do with Mars, it’s just an update to the epic Spawn comic copyright clash between Neil Gaiman and Todd McFarlane. Both sides have filed their legal briefs in the wake of the motion hearing held June 14, 2010, before the United States District Court for the Western District of Wisconsin:

Document #314 -- Trial Brief Post-Hearing Brief of the McFarlane Defendants by Defendants Todd McFarlane, Todd Mcfarlane Productions, Inc. (Filed 6/25/2010)

Document #315 -- Index of Exhibits re: Evidentiary Hearing held 6/14/2010 before District Judge Barbara B. Crabb, filed by Todd McFarlane, Todd Mcfarlane Productions, Inc. Original marked exhibits submitted to the Clerk of Court on 6/25/2010, maintained in exhibit room. (Filed 6/25/2010)

Document #316 -- Trial Brief Post-hearing brief regarding derivative characters by Plaintiff Neil Gaiman. (Filed 6/25/2010)

In short, Neil Gaiman "respectfully requests that the Court grant his motion for an order: 1) declaring that the characters Tiffany, Domina, and Dark Ages Spawn (Lord Covenant) are derivative of the characters jointly owned by Gaiman and are, therefore, subject to Gaiman’s accounting of profits in this action; and 2) directing the McFarlane Defendants to produce all documents relating to Tiffany, Domina, and Dark Ages Spawn for purposes of the accounting.”

Not surprisingly, Todd McFarlane argues that the “Court should hold that Mr. Gaiman’s co-ownership of the characters Medieval Spawn and Angela does not entitle him to any accounting for profits with respect to the characters Dark ages Spawn, Tiffany or Domina.”

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